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First Substitute H.B. 257
8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding material harmful to minors.
11 Highlighted Provisions:
12 This bill:
13 . amends the definition of material that is harmful to a minor to include inappropriate
14 violence; and
15 . provides a definition of inappropriate violence.
16 Monies Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 76-10-1201, as last amended by Chapter 9, Laws of Utah 2001
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-10-1201 is amended to read:
26 76-10-1201. Definitions.
27 For the purpose of this part:
28 (1) "Contemporary community standards" means those current standards in the
29 vicinage where an offense alleged under this act has occurred, is occurring, or will occur.
30 (2) "Distribute" means to transfer possession of materials whether with or without
32 (3) "Exhibit" means to show.
33 (4) (a) "Harmful to minors" means that quality of any description or representation, in
34 whatsoever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse when
38 with respect to what is suitable material for minors; and
40 includes only serious literary, artistic, political or scientific value for minors.
41 (b) "Harmful to minors" means that quality of any description or representation, in
42 whatsoever form, of inappropriate violence.
43 (5) "Inappropriate violence" means any description or representation, in an interactive
44 video or electronic game, of violence when it:
45 (a) is patently offensive to prevailing standards in the adult community as a whole with
46 respect to what is suitable material for minors; and
47 (b) taken as a whole, does not have serious literary, artistic, political, or scientific value
48 for minors, based on but not limited to, the following criteria:
49 (i) is glamorized or gratuitous;
50 (ii) is graphic violence used to shock or stimulate;
51 (iii) is graphic violence that is not contextually relevant to the material;
52 (iv) is so pervasive that it serves as the thread holding the plot of the material together;
53 (v) trivializes the serious nature of realistic violence;
54 (vi) does not demonstrate the consequences or effects of realistic violence;
55 (vii) uses brutal weapons designed to inflict the maximum amount of pain and damage;
56 (viii) endorses or glorifies torture or excessive weaponry; or
57 (ix) depicts lead characters who resort to violence freely.
59 character of material or of a performance. A person has constructive knowledge if a reasonable
60 inspection or observation under the circumstances would have disclosed the nature of the
61 subject matter and if a failure to inspect or observe is either for the purpose of avoiding the
62 disclosure or is criminally negligent.
64 (a) means anything printed or written or any picture, drawing, photograph, motion
65 picture, or pictorial representation, or any statue or other figure, or any recording or
66 transcription, or any mechanical, chemical, or electrical reproduction, or anything which is or
67 may be used as a means of communication[
68 (b) includes undeveloped photographs, molds, printing plates, and other latent
69 representational objects.
72 or buttocks, with less than an opaque covering, or the showing of a female breast with less than
73 an opaque covering, or any portion [
74 the depiction of covered male genitals in a discernibly turgid state.
76 in alone or with other persons, including but not limited to singing, speaking, dancing, acting,
77 simulating, or pantomiming.
79 a membership or admission fee, however designated, notwithstanding its being designated a
80 private club or by words of like import.
82 who is nude or clad in undergarments, a mask, or in a revealing or bizarre costume, or the
83 condition of being fettered, bound, or otherwise physically restrained on the part of one so
86 touching of a person's clothed or unclothed genitals, pubic area, buttocks, or, if the person is a
87 female, breast, whether alone or between members of the same or opposite sex or between
88 humans and animals in an act of apparent or actual sexual stimulation or gratification.
90 when in a state of sexual stimulation or arousal, or the sensual experiences of humans engaging
91 in or witnessing sexual conduct or nudity.
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